Grandparents’ Rights: Can You Apply for Time With Your Grandchildren?

For many grandparents, the breakdown of a relationship — whether their own child’s separation, or a rift within the family — can mean sudden and painful separation from grandchildren they have helped raise. It’s one of the more misunderstood corners of family law, and grandparents are often surprised, one way or another, by what the law actually allows.

Grandparents Are Recognised Under the Family Law Act

Contrary to a common misconception, grandparents do not need to rely on a parent’s goodwill alone. The Family Law Act 1975 specifically recognises the importance of a child’s relationships beyond their parents, and grandparents are expressly identified as people who can apply to the court for parenting orders — including orders for a child to spend time with them, or in some cases live with them.

Importantly, the law does not treat grandparents as an afterthought. Among the factors courts consider in determining a child’s best interests is the benefit of the child maintaining relationships with people significant to their care, welfare and development — including grandparents and other relatives — where that relationship is safe and beneficial for the child.

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What a Grandparent Needs to Show

An application by a grandparent is assessed under the same overarching test as any other parenting matter: what arrangement serves the best interests of the child. In practice, this generally means demonstrating:

• The nature and quality of the existing relationship between the grandparent and grandchild
• The benefit to the child of maintaining that relationship
• That there are no safety concerns that would make time with the grandparent inappropriate
• A workable, practical proposal for how the arrangement would operate

Grandparents are not required to prove parental unfitness to bring an application — but the process still requires clear evidence and a well-prepared case, particularly where a parent objects.

Family Dispute Resolution Applies to Grandparents Too

Just as with parents, grandparents are generally required to attempt family dispute resolution before applying to court for parenting orders, unless an exemption applies (such as urgency or family violence concerns). This is often a valuable first step — many grandparent-parent disputes stem from broader family conflict, and a structured, guided conversation can resolve matters that might otherwise escalate into prolonged litigation.

Common Scenarios Grandparents Face

• Estrangement following a parent’s separation, where one parent limits or cuts off contact with the former in-laws
• Family conflict unrelated to separation, such as a breakdown in the relationship between a grandparent and their own adult child
• A parent’s death or incapacity, where a grandparent seeks to maintain — or formalise — their role in a grandchild’s life
• Child protection concerns, where a grandparent may seek to become a primary carer

Each scenario carries a different evidentiary and strategic approach, and the right pathway depends heavily on the specific family dynamics involved.

Managing the Emotional Dimension

Grandparent applications are rarely just legal matters — they sit within complex, long-running family relationships, often layered with grief, hurt and history. A measured, non-adversarial approach is frequently the most effective way to preserve family connections in the long run, even where a formal application ultimately becomes necessary.

Protect Your Rights, Preserve Your Peace

Contact Our Accredited Family Law Specialists.

Book an Appointment with Our Lawyers or call free (1800) 217 217

How Aylward Game Solicitors Can Assist

Grandparents seeking time with their grandchildren are often navigating unfamiliar legal territory during an emotionally difficult period. At Aylward Game Solicitors, we help grandparents understand their genuine legal standing, assess the strength of their position, and pursue the most appropriate pathway forward.

Wherever circumstances allow, our approach favours collaborative resolution — engaging constructively with parents and other family members through family dispute resolution or structured negotiation, with the aim of restoring or formalising a relationship without deepening family conflict. Where a court application is genuinely necessary, our family law team will prepare and present your case with the care and precision it deserves.

If you are a grandparent facing separation from your grandchildren, contact Aylward Game Solicitors to discuss your options and the best way forward for your family.